Advertisers have stolen my zine!!!!

Luke from the zine YOU here. YOU is a free weekly paper zine that has appeared every week since November 2001. The zine is distributed in Australia by Sticky, Bird In The Hand Zine Distro and the Format Zine Shop, in the US by Microcosm Publishing and in the UK by Corn Dog Zine Distro (as well as many other friendly people across the zine world).

There is a glossy fashion magazine published in Melbourne called 'Fashion Journal'. In issue number 93 on page 52 an Australian fashion label called 'Nana Judy' has used images from my zine in a glossy full page advertisement for their label. They did not ask my permission to use the work and did not ask or get any consent to use the work. If they had asked me to use the work I would have said no. So my question to you is what should I do about this?

If they used it as a prop in a photoshoot, like the full zine sitting on a table or someone reading it, I'm pretty sure they can legally. Although I will say when a horror movie was shooting in Seattle and wanted to use my old magazine with a few others sitting on table in a scene, they contacted every publication to get permission (I was stoked, I love horror movies). Hollywood movie execs cover their asses on every detail like that.

If they took images from the pages your zine and reprinted them without permission, then that's definitely a copyright violation, unless you say your zine is copyleft/fair use.

Either way, I'd write a cease and desist letter. And if it's the latter case, I'd actually threaten legal action if you aren't financially compensated for your artistic work and breach of copyright. You may be able to get some cash out of them. Vice Magazine was notorious for stealing stuff from other publications in their early years, they reprinted my photos from my zine, but I never cared too much since they also reviewed my zine once or twice and gave me good press.

I downloaded the PDF and found the photo in question. So it's an ad for Nana Judy fashions, and it's basically a black and white photo of a nerdy hipster looking dude in glasses sitting on the floor in a doorway looking at some pages of the zine on the floor. It's essentially a prop in the photo. I don't think they are violating copyright and it's actually kinda a cool looking advertisement. Maybe will get you more orders? But I'd be pissed that they didn't simply contact you and ask for permission, that would have taken them like 10 seconds. And if you don't want to see the ad running in other magazines, you should pursue it by sending them a cease and desist order for using your zine in their ad without expressed written permission. But I don't know, I'd be kinda stoked, save for them not fucking asking you.

Well I don't think you can blame the magazine the ad ran in, they wouldn't know if Nana Judy got permission or not.

Copyright and using/borrowing images is a difficult subject in zining, because most of us have at one time or another used stolen images from magazines or books, or used the image of a product or something as a prop in a photo. But we're the small guy, stickin' it to the man, so it's OK, right? I know for myself, I made a conscious effort at some point to start using only original photography and artwork in my zines, but before that I had stolen images left and right.

i think dan's point is that the way the zine was used in the photo, luke unfortunately doesn't have a lot of legal ground to get them to pull the advertisement. it would have been classier & better from a legal standpoint for the ad company that came up with the ad to contact luke (if possible--i know "you" doesn't usually have contact info in it) & ask about using the zine in the photo, but...the ad company is within its legal rights, regardless of moral rights & wrongs.

Just to be fair... YOU isn't a basic formatted zine. I have seen it come in many random forms, including with a envelope and a piece of broken record. I'd be pretty sure the zine wasn't ripped for the shoot. But Luke could correct that if i am wrong.

Chantel G. said:

I just looked at Fashion Journal #93 on line. I think the whole magazine is ridiculous! If it weren't supposed to be serious, I would find it hilarious. There is much to find offensive there.

And in the ad Luke's zine was all ripped up! That part is sad too! Who rips up their zines and scatters the pages in a hallway? Weird!

I'm sorry you are having to deal with this, Luke. The company should have gotten your permission.

The pages were ripped from an anthology of the first five years of the zine, ripped as in physically torn from the book. The hip dude in the photo is sitting on the book that the pages have been ripped from. Luke.

NicoleIntrovert said:

Just to be fair... YOU isn't a basic formatted zine. I have seen it come in many random forms, including with a envelope and a piece of broken record. I'd be pretty sure the zine wasn't ripped for the shoot. But Luke could correct that if i am wrong.

Chantel G. said:

I just looked at Fashion Journal #93 on line. I think the whole magazine is ridiculous! If it weren't supposed to be serious, I would find it hilarious. There is much to find offensive there.

And in the ad Luke's zine was all ripped up! That part is sad too! Who rips up their zines and scatters the pages in a hallway? Weird!

I'm sorry you are having to deal with this, Luke. The company should have gotten your permission.